Drug Firm Seeks to Dismiss McDowell County Pain Pill Suit

A major prescription drug distributor is asking a judge to dismiss a lawsuit alleging the company fueled West Virginia’s opioid epidemic with excessively large shipment of painkillers.Map of West Virginia with McDowell County highligted

The Charleston Gazette-Mail reports an attorney for AmerisourceBergen said McDowell County commissioners are misguided in in blaming drug distributors for the drug problem.

Attorney Alvin Emch says the company only supplied pain pills to federally licensed pharmacies. He says there is no evidence that the company shipped any pills that were diverted for non-medical use.

A newspaper investigation showed the county’s 28,000 residents, were shipped 9 million hydrocodone and 3.2 million oxycodone pills over six years. The county has the highest overdose rate in the U.S.

In January, AmerisourceBergen agreed to pay West Virginia $16 million to settle a similar lawsuit. The company denied wrongdoing.

Delegates Debate Over Increased Penalties for Drug Trafficking

Members in the House of Delegates have considered a number of bills this legislative session that increase the penalties for breaking various laws. At least three of those bills have focused on drug crimes which Republican lawmakers say is in response to the state’s substance abuse epidemic.

According to the West Virginia Health Statistics Center, 818 people died of a drug overdose in 2016 – a nearly 13 percent increase over the previous year. The Center also reports 86 percent of those deaths in 2016 were linked to at least one opioid.

Those growing numbers are why Republican legislative leaders say they’re pursuing bills like House Bill 2579.

The bill increases the minimum amount of jail-time attached to a drug trafficking offense, or someone who gets caught bringing drugs into the state. The minimum sentence would increase from one to ten years, the maximum from fifteen to thirty years. A judge would have the option to fine the offender $25,000, incarcerate, or both.

A handful of members in the House who spoke against the bill argue the penalties are too high and would end up catching addicts rather than traffickers coming in from out-of-state.

“So if you have a kid that’s an addict, and goes next door, grabs prescription drugs, comes back to a party, and they spread it around, they’ve just committed this offense,” said Democratic Delegate Isaac Sponaugle, “and they’re looking at a minimum of 10 years to 30 years in the penitentiary. That’s outrageous.”

Sponaugle pointed out the minimum sentence under this bill is the same minimum for committing a second degree murder.

Supporters of the bill, argue the increased penalties will be a deterrent and help keep dealers out of the state – protecting West Virginia citizens.

“If we do not increase this and hold a bigger hammer over their head to try to get cooperation to catch the bigger fish per say, then we’re losing,” said Republican Delegate Ray Hollen of Wirt County, “We have to have leverage to do our job and to let the police officers do their job, and the prosecutors, and the judges.”

Hollen is also a retired West Virginia State Police Sergeant.

After an hour of debate, House Bill 2579 passed 88 to 10 and moves across the rotunda to the Senate.

Budget Woes for 2017, Armstead Says Cuts Over Taxes

The West Virginia House and Senate met for the first day of the 2017 regular state Legislative session Wednesday.

 

The first official day of the 83rd West Virginia Legislative session began as House Speaker Tim Armstead and Senate President Mitch Carmichael gaveled in Wednesday.

 

 

Both chambers’ floor sessions were conducted without issue, but a large number of bills were introduced. In fact, 211 bills in the House and 198 in the Senate.

 

Speaker Armstead says the budget will be a major focus this year – West Virginia is facing a $600 million dollar shortfall – but he hopes it won’t be an overshadowing issue.

 

Armstead says he and other legislative leaders are eager to hear Governor Jim Justice’s State of the State address this evening, and he says, regarding the budget, the state will likely see cuts rather than an increase in taxes.

 

“The people of West Virginia are taxed too much,” said Armstead, “and so we’re going to have to right-size our government, make some cuts, do those in a responsible manner, but do it in a way that truly creates a government that reflects the ability of the people of West Virginia to fund government.”

 

Governor Justice said on the campaign trail he would not increase taxes.

 

Armstead also says he wants to see significant progress in changes to the education system and how the drug epidemic is handled, and make some legal and regulatory reforms.

 

Tune in this evening at 7:00 for Governor Justice’s State of the State address live on radio, television, and online. See wvpublic.org for more information.

Tomblin Outlines State Measures in Drug Epidemic

Gov. Earl Ray Tomblin says West Virginia’s toll-free line for drug-related problems has received more than 7,500 calls since it began more than a year ago.

Tomblin says the state advisory group on drug abuse has coordinated 20 rounds of community meetings in six regions while helping drive reforms aimed at curbing the state’s drug epidemic.

He says authorities now look at substance abuse “as an illness, not a crime,” increasing access to the drug Narcan that reverses the effects of opioid overdoses and improved treatment and recovery services.

According to the governor, $1.3 million from settlements in a lawsuit against prescription drug distributors will support residential treatment and recovery for women, detoxification and crisis stabilization beds for youths and adults and court diversion to drug programs.

Drug Epidemic Takes Toll on Foster Care System

The drug epidemic in West Virginia affects more than just the work force, or the number of people in a prison cell or treatment center. It’s also had a major impact on the state’s foster children. West Virginia Public Broadcasting introduces the Holben family who has seen the impacts of the drug epidemic first-hand.

Meet the Holbens

 

Alyssa Holben is 8-years-old and in second grade. She came to live with the Holbens as an infant; first as a foster child and was later adopted.

 

Alyssa’s older and biological sister, Aaliyah, was also adopted by the Holbens, at 2-years-old. She’s now 10, in the fourth grade, and is shyer than her little sister.

Both girls love church, gymnastics, Disney movies and their 2-year-old brother, Brayden.

You would never know, but all three kids were exposed to drugs or alcohol in utero.

 

Alyssa was born addicted to heroin. Her older sister, Aaliyah, was born with fetal alcohol syndrome. And their little brother, Brayden, who’s not biologically related to the girls, was born addicted to three different kinds of drugs.

 

 

Jen and Jamie Holben, the children’s parents, live in Kearneysville, Jefferson County, with their six kids, four of whom were adopted through the state’s foster care system. The Holbens have been foster parents for nearly 13 years and have fostered almost 30 children during that time – ranging in age from infant to 18.

 

“We wanted to help out in some way, I mean, because I think we’re all here to make a difference,” Jamie said, “and we were very driven, whether it’s from our past hurts from us growing up as kids, or just seeing this world be cruel to people, you know, just wanting to make a difference.”

 

Jamie is a police officer who works in nearby Loudoun County, Va., and Jen is a stay-at-home mom.

 

The Holbens say one of the biggest struggles they’ve found raising their three kids who were born addicted to drugs and alcohol is the medical and academic problems that come with it.

 

“The three children we have in this house that have been affected by drugs and alcohol are totally different,” Jen noted, “They all have their own different disabilities and struggles. Brayden has three holes in his heart; Alyssa had a heart murmur when she was little, and academically, both girls struggle in different places.”

 

Alyssa and Aaliyah see their doctor every six months. Both girls take medication for attention-deficit hyperactivity disorder (ADHD). Alyssa also takes medicine to help her fall asleep at night. And Aaliyah takes one for epilepsy.

 

While Jen said Brayden seems to be developing in line with other children his age, she and her husband, Jamie, wonder how the kids’ individual struggles will affect them when they’re older.

 

“I think one of our biggest battles is, is there gonna be a plateau? Are they gonna reach a certain limit, and then, that’s it?” Jamie said. “We don’t know, and there’s no doctor that can give you that answer, there’s no psychologist, psychiatrist that can give you that answer, just because they don’t know.”

 

Effects on the Foster Care System in West Virginia

 

At the end of August, the West Virginia Department of Health and Human Resources had 5,068 children in foster care, 274 of whom are in out-of-state placements.

 

Only about 1,500 of those children are available for adoption, according to the West Virginia Supreme Court. Justice Brent Benjamin said that’s because some are placed in foster care  temporarily.

 

“In many cases, they’re in temporary situations because maybe mom or dad are going through an improvement period,” Benjamin said, “because there’s been an abuse-neglect issue, or there could be any number of issues there, but they’re in foster care on a temporary basis as opposed to something that is more long term.”

 

Credit Dollar Photo Club
/
Adobe Stock

But just how many of those children are in foster care because of their parents’ problems with drugs or alcohol?

 

Linda Watts, Deputy Commissioner for the Bureau for Children and Families at DHHR, said that number is difficult to track. 

 

“Sometimes the reason that you’re removing a child for abuse-neglect is not necessarily the primary reason is substance abuse; it could be for another issue say physical abuse; it could be neglect, it could be some other related issue and then as you continue to do your investigation, it may then surface that it was substance use and abuse,” Watts said.

 

“What we’re seeing is that drugs may not be the primary issue in the abuse-neglect case, but it is certainly a driving issue in over 95 percent of those cases, so it’s a profound driving force in issues related to the welfare of children.” – Justice Brent Benjamin

 

Abigayle Koller is a clinical coordinator with the West Virginia National Youth Advocate Program, which is one of 10 specialized foster care agencies in West Virginia.

 

Koller said it can also be difficult to provide foster parents with the information they need to deal with the possible medical or developmental issues associated with substance abuse, because sometimes children’s birth or medical records are never provided to the agency and can’t be tracked down.

 

“So we often treat what we see,” Koller said, “which doesn’t do justice when a lot of the needs are underlying, and we have to dig, and we have to start with what we see in order to uncover what we don’t see.”

 

Being a Foster Parent

 

Jen Holben said she and her husband knew when they adopted Alyssa, Aaliyah and Brayden, that drugs or alcohol had been in their systems before birth, but she said that doesn’t always make addressing their needs any easier. While the demand for foster families in West Virginia is growing,  Jen said it takes special people to do it.

 

“If you’re gonna go pick up a baby from a hospital, know that baby can scream for four months, because he’s addicted to drugs,” she said, “or know that, that child might have developmental delays, and be okay in accepting. You’ve got to be accepting of not just the children, but be accepting of their biological parents, and you have to support what that biological parent is doing to get their kid back.”

Jen and Jamie say they never expected to be where they are today, but they’re grateful for each of their kids — adopted and fostered. They hope the state can make the overall foster system better, especially for the kids who slip through the cracks.

Appalachia Health News is a project of West Virginia Public Broadcasting, with support from the Benedum Foundation.

Watch Obama's Addiction Town Hall Meeting in Charleston

President Barack Obama speaks in Charleston Wednesday about West Virginia’s epidemic of prescription drug and heroin abuse.Obama also listens to parents, health and law enforcement issues about their struggles with drug abuse. He also discusses his proposal to increase addiction treatment funding by $133 million.

Read Now: President Obama Announces New Federal Drug Policies

Updated 3:52 p.m. Wednesday October 21, 2015

 

Updated 3:50 p.m. Wednesday October 21, 2015

President Barack Obama wraps up the town hall meeting by commending local law enforcement and the parents involved in today’s discussion. 

  @barackobama just wrapped up a community discussion on drug addiction. Visit wvpublic.org for an archived stream and more coverage later in the day. A photo posted by West Virginia Public News (@wvpublicnews) on Oct 21, 2015 at 12:48pm PDT

 

 

Updated 3:40 p.m. Wednesday October 21, 2015

 

 

Updated 3:30 p.m. Wednesday October 21, 2015

President Barack Obama:

“For a long time our goal has been to deal with supply side. And we’re not backing off of that.”

“We were under investing in the demand side with the prevention and treatment that’s so necessary.”

He says they’re proposing an additional $133 million in enhanced treatment programs. 

Updated 3:20 p.m. Wednesday October 21, 2015

 

Updated 3:15 p.m. Wednesday October 21, 2015

Dr. Michael Brumage is Executive Director and Health Officer for the Kanawha-Charleston Health Dept. He’s been on the job 79 days. Says he knew mountaineers would take this challenge head-on because that’s the kind of people that are in the state.

The Kanawha-Charleston Health Department will begin their own harm reduction program in Charleston in about 6 weeks, following the lead of the Cabell-Huntington Health Department.

Requires collaborative approach to be able to fix things. 

Updated 3:10 p.m. Wednesday October 21, 2015

Cary Dixon is the mother of a recovering addict. She spoke for families that deal with an addicted family member. When they realize their family members are going through this there is initially embarrassment. Relieved at first when family members want treatment, but disappointed when they have to wait to get into treatment. She says they sleep better at night knowing children are incarcerated. She’s laid awake at night planning his funeral. 

  The full panel for President Obama's community center meeting on drug abuse. A photo posted by WMUL (@wmul_radio) on Oct 21, 2015 at 12:05pm PDT

 

Updated 3:00 p.m. Wednesday October 21, 2015

President Barack Obama:

“In 2012 259 million pain medicine prescriptions were written. Enough for every adult.” 

“Four in five heroin users started out misusing prescription drugs.” 

“Addiction can happen to a coal miner, construction worker, a cop who takes it for a work related injury or a doctor who writes the prescription.” 

“We can’t fight this without eliminating stigma.” 

Obama says rather than spending more money on putting addicts in jail, we can use the money to help them and use the savings on getting those that are supplying the drugs put away. 

“This is an illness and we have to treat it as such.”

Obama mentions policy changes outlined in memorandum released this morning. 

Obama says the goal today is realize this is happening to families all over the country. He says it’s happening in every neighborhood in the country. He says the goal is to shine a spotlight on the subject and hopefully get each person in attendance to do something about it when they leave. 

Updated 2:45 p.m. Wednesday October 21, 2015

President Barack Obama introduced to packed East End Family Resource Center. 

 

Updated 2:30 p.m. Wednesday October 21, 2015

President Barack Obama has arrived at the East End Family Resource Center. Senator Joe Manchin to introduce the topic.

Senator Joe Manchin:

“We have an epidemic that we haven’t done anything about.”

“Until we look at drug use as an illness more than a crime, we’re never going to cure it.” 

  President #Obama arrives in Charleston on Wednesday afternoon for a community forum on heroin and prescription drug abuse. #wvgazettemail photo by Christian Tyler Randolph. A photo posted by Charleston Gazette-Mail (@wvgazettemail) on Oct 21, 2015 at 12:00pm PDT

 

Updated 2:08 p.m. Wednesday October 21, 2015

President Barack Obama has exited Air Force One and is now headed to the East End.

  #potus Presidential motorcade on the East End of Charleston. #obama #presidentobama A video posted by Mark Wolfe (@markwolfedesign) on Oct 21, 2015 at 11:50am PDT

 

 

Updated 1:54 p.m. Wednesday October 21, 2015

As the public waits for the arrival of President Barack Obama…

He’s tweeting about the epidemic from Air Force One. 

Updated 1:10 p.m. Wednesday October 21, 2015

President Barack Obama is aboard Air Force One on the way to Charleston, where things are already set up at Yeager Airport.

 

Updated 12:50 p.m. Wednesday October 21, 2015

 

 

Updated 12:22 p.m. Wednesday October 21, 2015

Two hours before President Obama will be in Charleston’s East End, it’s already getting busy.

 

 

Updated: 10:03 a.m. Wednesday October 21, 2015

President Obama issues memorandum on prescription drug abuse and heroin use. 

  • Among the items in the memorandum. The President will require more training for doctors and nurses who work for the federal government on how to properly prescribe opioid medications, like oxycodone.
  • Federal agencies that provide health insurance will have to review their health plans to see if there are restrictions that keep those seeking care from accessing medication treatments for opoid abuse, like Suboxone. 

These only apply to federal agencies, not private doctors or insurance plans, but the White House hopes to set an example. 
For the full memorandum visit link below:

Obama Opioid Memorandum

Exit mobile version